Page:United States Statutes at Large Volume 45 Part 1.djvu/1468

 SEVENTIETH C ONGRESS. SEss. IL CH. 416 . 1929. 1417 appear in said proceeding upon such terms and conditions as the court may direct. GUARDIANS AD LITEM Guardians ad litem. SEC. 9. If any person having, or claiming to have any right, title, Appointment of, au- g y thorized for persons interest, or estate in the lands to be acquired, or entitled, or claiming upon legal disa bility, o be entitled to compensation in respect of the taping of the same L,, or entitled or claiming to be entitled, to the possession of the same, appears to be under legal disability by reason of infancy, insanity, idiocy, or other like cause, the court, after the return day specified in the order of citation, upon the application of any person interested, sha ll appoint so me suitable p erson as guard ian ad litem to appear for such person under disability. Failure to apply for the appoint- ment of a guardian ad litem for any such person under disability shall not affect the validity of the proceedings. VESTING OF TITLE AND RIG HT TO COM PENSATIO N SEC. 10 . The petitioner may file in the cause, with the petition or at any time before judgment, a declaration of taking signed by the authority empowered by law to acquire the lands described in the petition, declaring that said lands are thereby taken for the use of the United States. Said declaration of taking shall contain or have annexed thereto- (1) A statem ent of the author ity un der wh ich a nd the publi c use for which said lands are taken. (2) A description of the lands taken sufficient for the identifica- tion thereof. (3) A statement of the estate or interest in said lands taken for said public use. (4) A plan sho wing the land s taken. (5) A statement of the sum of money estimated by said acquiring authority to be just compensation for the land taken. Upon the filing of said declaration of taking and of the deposit in the registry of the court, to the use of the persons entitled thereto, of the amount of the estimated compensation stated in said declara- tion, title to the said lands in fee simple absolute, or such less estate or interest therein as is specified in said declaration, shall vest in the United States of America, and said lands shall be deemed to be condemned and taken for the use of the United States, and the right to just compensation for the same shall vest in the persons entitled thereto ; and said compensation shall be ascertained and awarded in said proceeding and established by judgment therein, and the said judgment shall include, as part of the just compensa- tion awarded, interest at the rate of 6 per centum per annum on the amount finally awarded as the value of the property as of the date of taking, from said date to the date of payment ; but interest shall not be allowed on so much thereof as shall have been paid into the registry. No sum so paid into the registry shall be charged with commis sions or pou ndage. Upon the application of the parties in interest, the court may order that the money deposited in the registry of the court, or any part thereof, be paid forthwith for or on account of the just com- pensation to be awarded in said proceeding. If the compensation finally awarded in respect of said lands or any parcel thereof shall exceed the amount of the money so received by any person entitled, the court shall enter judgment against the United States for the amount,of the deficiency. Upon the filing of a declaration of taking, the court shall have power to fix the time within which and the terms upon which the parties in possession shall be required to surrender possession to the Valid ity n ot af fecte d on failure to apply. Vesting of title and right to compensation. Declaration by peti- tioner that lands are taken for use o f Uni ted States. Contents. Authority for taking. Description. Interest in lands. Plans. Estimated amount of just compensation. Title to vest in United States upon filing dec- laration, and deposit in registry of the court amount of estimated compensation. Com pen sat ion to be ascertained and awarded. Upon appl ication, money in registry of court may be paid forthwith. Judgment agai nst United States for defi- ciency, if award exceeds deposit. Provisions for sur- render of possession.

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